US citizen marrying an Indian Citizen

[that man 1]

Hello,

A quick background.

I am a US Citizen (7th generation), born in India (parents were working here at the time), and I have a lifetime visa for Inida (similar to a green card, called an OCI). I moved to India in 2008 for a job. In the past 3 years I have met a lovely woman (indian), and we are getting married in February.

My questions:

She currently has a 10 year, Multiple Entry Tourist Visa to the US. She has been to the US many times on temporary work visas(as a performer) previously, and also on her current tourist visa with me last June.

We are getting married in Calcutta (her home town) in February. But because my grandparents and other friends/family cannot come here, we are doing a second ceremony in the US in June.

We currently live together in New Delhi, and are planning on continuing to live here for minimum 2 years more. I was wondering what we should do regarding her legal status.

1. Where should we get legally married. Should we get legally married in India in february, then travel to the US for the second ceremony on her tourist visa? Should we hold a ceremony, but without legal registration, and register in the US at a courthouse when we get there in June ?

2. Do I need to apply for form I-129F (fiance) visa for her to enter the country? Or should I directly apply for a A-3 spouse visa?

3. Because we are not planning to shift to the United states for at least a year or more, can she just apply for a green card after our marriage is registered?

4. Because the trip in june will be just for holiday and celebrations (i.e.-no work/studying/etc), does she need to get a different visa, or is her current visa enough.

5. Is it easier to get a green card from within the USA, or from India itself? I imagine they could be tougher on applicants here in India because there may be so much more demand at the embassy here.

6. What are the costs of each path?

Those are generally my queries. I want to get married and eventually get her a green card so she can live and work in the US when we shift there. I want to know what the easiest ways to go about this are.

Registration in India or US?

Tourist Visa or Fiance Visa?

Apply for green card/permanent residence in US or India?

Thanks for the help!

[kzielu 1,149]

1. You can get married either in India or US - does not matter.

2. Read about fiancee visas - it is single entry visa and requires adjustment of status immediately after marriage, can't leave US till AOS is completed or AP issued unless you like wasting money, additionally you both need to be free to marry. No clue what A-3 visa is - all you should need is a B2, if you do not plan to immigrate.

3. Yes

4. No - B2 should be sufficient

5. You can't go to US and apply for green card for your wife from there - it will be visa fraud. Right way to do it (especially taking your circumstances and timeframe) will be from India.

6. Read the guides at the top of the page - http://www.visajourney.com/content/compare

[bigdog 376]

I would look at the VJ guides, and uscis home site for us citizens living abroad.

[pushbrk 12,903]

1. You can get married either in India or US - does not matter.

2. Read about fiancee visas - it is single entry visa and requires adjustment of status immediately after marriage, can't leave US till AOS is completed or AP issued unless you like wasting money, additionally you both need to be free to marry. No clue what A-3 visa is - all you should need is a B2, if you do not plan to immigrate.

3. Yes

4. No - B2 should be sufficient

5. You can't go to US and apply for green card for your wife from there - it will be visa fraud. Right way to do it (especially taking your circumstances and timeframe) will be from India.

6. Read the guides at the top of the page - http://www.visajourn...content/compare

1. is correct with regard to where to marry. Married is married so you do not register a marriage in the USA if already married in India. A ceremony is no problem.

2. would be silly because they will first marry in India, so he won't have a fiancee. Also, she has a B visa already, so can visit. Fiancee visas are for people intending to immediately immigrate. She won't be immigrating for at least two years.

3. No. Based on your plan, you will embark on an IR1 spouse visa process about a year prior to her intended immigration time.

4. Her current visit is enough but she should enter through the foreigner line instead of with you and provide a truthful but generic "holiday" reason for her visit, leaving out mention of such specifics as a marriage ceremony or having a USC husband.

5. Once she enters with the IR1 spouse visa, the green card will just come in the mail.

6. There's only one path that fits your plans. The government fees are about $900 all together but the "costs" including travel are whatever they will be.

[pushbrk 12,903]

1. is correct with regard to where to marry. Married is married so you do not register a marriage in the USA if already married in India. A ceremony is no problem.

2. would be silly because they will first marry in India, so he won't have a fiancee. Also, she has a B visa already, so can visit. Fiancee visas are for people intending to immediately immigrate. She won't be immigrating for at least two years.

3. No. Based on your plan, you will embark on an IR1 spouse visa process about a year prior to her intended immigration time.

4. Her current visit is enough but she should enter through the foreigner line instead of with you and provide a truthful but generic "holiday" reason for her visit, leaving out mention of such specifics as a marriage ceremony or having a USC husband.

5. Once she enters with the IR1 spouse visa, the green card will just come in the mail.

6. There's only one path that fits your plans. The government fees are about $900 all together but the "costs" including travel are whatever they will be.

4. should read current visitor visa...

[Deep2009 18]

All the comments has a lot of weight...

Here is my 5 cents -

If possible, you can visit US Embassy and got "no objection certificate" from "American Citizen Services" for YOU to get married to your WIFE in India. Embassy know it and they can easily do it (You need to provide your and her information.

It will be a HUGE HELP in your immigration journey.

Good Luck.

[that man 1]

Well thank you all very much. Speedy and useful reply's. superb.

It is good to know the basics of what I need to start planning for.

It sounds like I should go forward with my full wedding in Calcutta, get registered with the Indian government and US embassy after the marriage, and then begin the process with the I-130 form (getting the IR1 visa). However, I have also read about applying through a process called "Direct Consular filing". This process is only available to people who reside in a foreign country (thats me-i pay my taxes in india,work, rent, etc). It is said to be faster as it is done directly in the country. But it also says this(which I dont really understand):

Cons:

US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.

http://www.visajourney.com/content/compare

For 2 followup questions,

1. I wonder what the legality of traveling to the US with her tourist visa. Will they accuse her of trying to "immigrate" to the US while doing a legitimate holiday in the US. We went to the US for a similar holiday last year on the same visa, so I imagine it wouldn't be a problem. But then again, if we are married they make think she is trying to sneak in.

2. If we apply immediately for the IR1 Visa, when it is granted, are we obligated to immigrate right away? say we apply and it takes 7 months, but we don't plan to move for 1+ year, but still want to visit the US to see my family, holiday, etc.

thanks for all the help, you guys are great

[pushbrk 12,903]

Well thank you all very much. Speedy and useful reply's. superb.

It is good to know the basics of what I need to start planning for.

It sounds like I should go forward with my full wedding in Calcutta, get registered with the Indian government and US embassy after the marriage, and then begin the process with the I-130 form (getting the IR1 visa). However, I have also read about applying through a process called "Direct Consular filing". This process is only available to people who reside in a foreign country (thats me-i pay my taxes in india,work, rent, etc). It is said to be faster as it is done directly in the country. But it also says this(which I dont really understand):

Cons:

US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.

http://www.visajourn...content/compare

For 2 followup questions,

1. I wonder what the legality of traveling to the US with her tourist visa. Will they accuse her of trying to "immigrate" to the US while doing a legitimate holiday in the US. We went to the US for a similar holiday last year on the same visa, so I imagine it wouldn't be a problem. But then again, if we are married they make think she is trying to sneak in.

2. If we apply immediately for the IR1 Visa, when it is granted, are we obligated to immigrate right away? say we apply and it takes 7 months, but we don't plan to move for 1+ year, but still want to visit the US to see my family, holiday, etc.

thanks for all the help, you guys are great

Read my reply again carefully. It answers both your follow-up questions.